This privacy statement is effective as of May 2019
Merbridge Networks Corporation and its subsidiaries (Merbridge or We) respect your privacy. This Privacy Statement informs you about our privacy practices including details of the personal data we collect, use, disclose and transfer as well as choices you can make and rights you can exercise in relation to your personal data. This Privacy Statement is available from a link on the footer of every Merbridge web page.
Merbridge respects and takes into account the major privacy principles and frameworks around the world, including OECD Guidelines on the Protection of Privacy and Transborder Flows, EU General Data Protection Regulation 2016/679 (GDPR), and the APEC Privacy Framework. Merbridge’s privacy practices described in this Privacy Statement also comply with the APEC Cross Border Privacy Rules (CBPR) System.
1. How we use personal data
We collect personal data only if required to provide our products or services, fulfil our legitimate business purposes and/or comply with applicable laws and regulations. Depending on your relationship with Merbridge we collect and process your personal data as follows:
Merbridge products and services: contact details and login credentials for the following main purposes: entering into and performing agreements with you or your organization; providing support and tools to activate licenses and request support; managing and fulfilling orders; deploying and delivering products and services; conducting quality controls; managing returns of defective media; operating and providing access to customer portals and hosted management services; consulting; notifications of contract expiry and renewal options; developing and improving our products and services and ensuring compliance with regulatory requirements.
Sales and marketing: contact details, identification information, information required to purchase our products and services online, profile, role and preferences, login credentials, digital activity information and other information as may be relevant (e.g. information from publicly available sources) for the following main purposes: sales and marketing; advertising; creating and delivering targeted adverts and offers; conducting marketing campaigns; managing contacts and preferences; generating leads and opportunities; managing lead generation activities; organizing and managing events; and engaging in social media interactions.
Online data collection tools: digital activity information for the following main purposes: enabling efficient use of our websites, products and services; collecting statistics to optimize the functionality of our websites, products and services; improving user experience and delivering content tailored to their interests; and improving marketing and advertising campaigns.
Online forums and surveys: contact details, login credentials, comments and feedback for the following main purposes: engaging with partners and suppliers in online forums; conducting customer satisfaction and engagement surveys.
Partner and supplier programs: contact details for the following main purposes: managing relations with partners and suppliers; engaging and delivering products and services to customers in which case we may receive personal data directly from you or from our partners.
Training and education: contact details for the main purpose of conducting trainings and education programs for customers, partners and suppliers.
Due diligence screening: contact details and other information as may be relevant (e.g. information from publicly available sources) for the following main purposes: conducting anti-corruption due diligence on third parties and conducting required investigations, in compliance with applicable laws.
Brand-protection programs: contact details, login credentials and other relevant information (e.g. information from publicly available sources) for the main purpose of conducting investigations into Merbridge product-related fraud, compliance, theft and/or counterfeit.
Security and authentication: contact details, identification information and on-premise/in-office CCTV footage for the following main purposes: ensuring safety and security of Merbridge staff and premises; login credentials, protecting Merbridge’s network and other digital assets; providing access to restricted areas and information assets and protecting personal data from unauthorized access.
Whistleblowing: contact details and information about alleged misconducts for the main purpose of detecting, preventing and investigating misconduct by Merbridge staff, customers, partners and suppliers.
Enquiries and complaints: contact details and information included in enquires and complaints for the main purpose of addressing and resolving enquiries and complaints.
Recruitment lead generation: contact details and information made publicly available on professional social networks such as LinkedIn for the purpose of identifying and contacting potential job candidates.
2. How we share personal data
Merbridge does not sell, rent or lease personal data to others except as described in this Privacy Statement. We may share and/or disclose your personal data as follows:
Disclosure within the Merbridge group of companies. Merbridge has its headquarters in Canada and operates worldwide. Merbridge may disclose your personal data as necessary within the Merbridge group of companies in connection with how we use your personal data.
Disclosure to third parties. Merbridge retains suppliers and service providers to manage or support its business operations, provide professional services, deliver products, services and customer solutions and to assist Merbridge with marketing and sales communication initiatives. Those third parties may receive and process your personal data under appropriate instructions, as necessary to support and facilitate how we use your personal data. Suppliers and service providers are required by contract to keep confidential and secure the information they process on behalf of Merbridge and may not use it for any purpose other than to carry out the services they are performing for Merbridge.
Where Merbridge engages with partners, resellers and/or distributors as part of its business operations, Merbridge may disclose your personal data to them in order to facilitate sales and delivery of its products and services. Partners, resellers and/or distributors are required by contract to keep confidential and secure the information received from Merbridge and may use it only for the said purposes, unless otherwise authorized by you or applicable laws and regulations.
Except as described in this Privacy Statement, Merbridge will not share your personal data with third parties without your permission, unless to: (i) respond to duly authorized information requests of police and governmental authorities; (ii) comply with law, regulation, subpoena, or court order; (iii) enforce/protect the rights and properties of Merbridge or its subsidiaries; or (iv) protect the rights or personal safety of Merbridge, our employees, and third parties on or using Merbridge property when allowed and in each case in accordance with applicable law.
Circumstances may arise where, whether for strategic or other business reasons, Merbridge decides to sell, buy, merge or otherwise reorganize businesses in some countries. Such a transaction may involve the disclosure of personal data to prospective or actual purchasers, or the receipt of it from sellers. It is Merbridge’s practice to seek appropriate contractual protection for personal data in these types of transactions.
3. How we transfer personal data internationally
Merbridge may transfer your personal data as necessary within the Merbridge group of companies and to other third parties. The recipients may be located in countries which do not provide the same level of data protection as the country in which you are located. Merbridge will take steps to ensure personal data we transfer is adequately protected as required by applicable data protection laws. Where required by local law, we will request your consent to transfer your personal data.
Transfers within Merbridge group of companies. Merbridge has an intra-company agreement on the transfer and processing of personal data within the Merbridge group of companies. This agreement also forms the basis of Merbridge’s Binding Corporate Rules for Controller which have been approved by the Data Protection Regulators in the European Economic Area (EEA), the UK and Switzerland. The BCRs allow Merbridge to ensure that EEA and UK personal data which is transferred and processed by Merbridge companies outside the EEA and the UK, is adequately protected in accordance with applicable data protection laws.
Merbridge’s privacy practices described in this Privacy Statement comply with the APEC Cross Border Privacy Rules (CBPR) System, including transparency, accountability, and choice regarding the collection and use of personal data. The CBPR system provides a framework for organizations to ensure protection of personal data transferred among participating APEC economies. The CBPR certification does not cover information that may be collected through downloadable software on third party platforms.
Transfers to third parties. With respect to transfers to third parties located in countries which do not provide an adequate level of data protection, Merbridge will take appropriate safeguards such as signing EU Standard Contractual Clauses with the recipient, relying on their Privacy Shield certification, other approved codes of conduct or certification mechanisms or binding and enforceable commitments of the recipient.
4. How to manage communications and preferences
Merbridge may provide you with information that complements our products and services and/or communications about our new products, services and offers. If you or your organization purchased our products or services, you may receive alerts, software updates or responses to support requests that are part of our products and services. If you choose to receive Merbridge communications you may also choose to subscribe to receive specific newsletters and publications. In some cases, you may also choose whether to receive the information and communication by email, telephone, or post.
Manage communication choices. You can change your choices and preferences relating to Merbridge communications by:
Unsubscribe from communications. In the event you no longer wish to receive Merbridge communications, you can unsubscribe from such communications by:
Following opt-out or unsubscribe link and/or instructions included in each email subscription communication;
Indicating to the caller that you do not wish receive calls from Merbridge anymore.
Please note that these options do not apply to communications relating to the administration of orders, contracts, support, product safety warnings, or other administrative and transactional notices, where the primary purpose of these communications is not promotional in nature.
5. Automatic Data Collection Tools
Cookies may also be used when you share information using a social media sharing button on our websites. The social network will record that you have done this and may use this information to send you targeted advertisements. The types of cookies used by these companies and how they use the information is governed by their privacy policies.
When you enter your contact details on a web form on an Merbridge.com site, in order to subscribe to a service, download a white paper or request information about Merbridge’s products and service, your contact details may be stored in a cookie on your device. This information is then accessed on subsequent visits to Merbridge.com sites, allowing us to track and record the sites you have visited and the links you have clicked, in order to better personalize your on-line experience, and future Merbridge communications.
If you choose to receive marketing emails or newsletters from Merbridge, we may track whether you’ve opened those messages and whether you’ve clicked on links contained within those messages, through the use of web beacons and personalized URLs embedded in these communications. This allows Merbridge to better personalize future communications and limit these communications to subjects that are of interest to you.
Choices Regarding Automatic Data Collection & Online Tracking. While Merbridge web sites at this time do not recognize automated browser signals regarding tracking mechanisms, such as "do not track" instructions, you can generally express your privacy preferences regarding the use of most cookies and similar technologies through your web browser. You can set your browser in most instances to notify you before you receive a cookie, giving you the chance to decide whether to accept it or not. You can also generally set your browser to turn off cookies. If you are accessing our web sites in countries of the European Union (EU), or countries where the EU regulations apply, you are given the choice to accept or refuse our use of non-essential cookies (as described in the section titled ‘How Merbridge uses Automatic Data Collection Tools’ above) through a ‘cookie preference’ banner that appears on our web pages. The banner stops being displayed when you have made your choice, but it can be brought back on display by selecting the ‘Cookies’ link on the footer of every Merbridge web page.
Since cookies allow you to take advantage of some of our web sites' features, we recommend that you leave them turned on. If you block, turn off or otherwise reject our cookies, some web pages may not display properly or you will not be able, for instance, to add items to your shopping cart, proceed to checkout, or use any web site services that require you to sign in.
Some of our websites use Google Analytics cookies. Information collected by Google Analytics cookies will be transmitted to and stored by Google on servers in the United States of America in accordance with its privacy practices. To see an overview of privacy at Google and how this applies to Google Analytics, visit https://www.google.com/policies/privacy/. You may opt out of tracking by Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.
6. How to access, update or delete personal data
Merbridge strives to keep your personal data accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. In accordance with applicable laws, Merbridge provides individuals with reasonable access to personal data that they provide to Merbridge and the reasonable ability to review and correct it.
To protect your privacy and security, we will take reasonable steps to verify your identity, such as the requirement to provide a copy of a user ID, before granting access to your personal data.
7. How we keep personal data secure
Merbridge takes seriously the trust you place in us to protect your personal data. In order to protect your personal data from loss, or unauthorized use, access or disclosure, Merbridge utilizes reasonable and appropriate physical, technical, and administrative procedures to safeguard the information we collect and process. All systems used to support Merbridge’s business are governed by Merbridge’s corporate Cyber Security policies, which are built upon industry standards and best practices like the International Organization for Standardization (ISO) 27001 family of standards and National Institute of Standards and Technology (NIST) standards.
When collecting or transferring sensitive information we use a variety of additional security technologies and procedures to help protect your personal data from unauthorized access, use, or disclosure. The personal data you provide us is stored on computer systems locked in controlled facilities which have limited access. Access to your information is restricted to Merbridge employees or authorized third parties who need to know that information in order to process it for us, and who are subject to strict confidentiality obligations. When we transmit sensitive information over the internet, we protect it through the use of encryption, such as the Transport Layer Security (TLS), Internet Protocol Security (IPSec), or Secure Socket Layer (SSL).
8. How long we keep personal data
Typically, we keep personal data for the length of any contractual relationship and, to the extent permitted by applicable laws, after the end of that relationship for as long as necessary to perform purposes set out in this Privacy Statement, to protect Merbridge from legal claims and administer our business. When we no longer need to use personal data, we will delete it from our systems and records or take steps to anonymize the data unless we need to keep it longer to comply with a legal or regulatory obligation.
9. Additional information for individuals in the EU, EEA and Switzerland
Our privacy practices are aligned with the requirements of the General Data Protection Regulation (GDPR). If you are located in the European Union (EU), the European Economic Area (EEA), the UK or Switzerland, this additional information may be relevant and applicable to you.
Data controllers. Companies from the Merbridge group of companies may act as data controllers in relation to your personal data for the processing of personal data described in this Privacy Statement. If you would like to receive more information about which Merbridge entity acts as data controller for your personal data, please contact email@example.com.
Data Protection Officer. Merbridge has appointed a Data Protection Officer (DPO) to comply with the GDPR. You can contact the DPO by writing to:
Merbridge Networks Corporation
Office of Legal & Administrative Affairs
295 Southgate Drive
Units 3 & 4
Canada N1G 3M5
Legal basis to process personal data. We process your personal data on the following legal bases:
Legitimate Interest. We may process your personal data as required to pursue our legitimate business interests (provided this is not overridden by interests or rights of relevant individuals). In particular, to manage, develop and improve our products and services; support our customers and sales operations; protect our staff and assets; communicate information that supplements our products and services and ensure compliance with laws and regulations.
Performance of an agreement. We may process your personal data to enter into or fulfil agreements with your or your organizations, including to deliver and manage our products and services and allow our customers to use our products, services and supporting tools.
Legal obligation. We may process your personal data to comply with applicable laws and regulations, establish or exercise our legal rights. For example, in connection with legal claims, compliance, regulatory and investigative purposes.
Consent. We may process your personal data where you have provided your consent. In particular, where we cannot rely on an alternative legal basis or we are required by law to ask for your consent in the context of some of our sales and marketing activities, online data collection tools, or surveys. At any time, you have a right to withdraw your consent by changing your communication choices, unsubscribing from Merbridge communications or contacting Merbridge.
Your rights in relation to your personal data. You may have the following rights to:
Request access or copies of personal data Merbridge processes about you;
Rectify your personal data, if inaccurate or incomplete;
Delete your personal data, unless an exception applies. For instance, we may need to keep your personal data to comply with legal obligation;
Restrict the processing of your personal data, in certain circumstances. For instance, if you contest accuracy of your personal data you may request that we restrict processing of your personal data for the time enabling us to verify the accuracy of your personal data;
Data portability, in certain circumstances. For instance, you may request us to transmit some of your personal data to another organization if the processing is based on your consent or a contract;
Object to processing of your personal data, in certain circumstances. For instance, you may object to direct marketing including use of your personal data for profiling for direct marketing or where we process your personal data because we have legitimate interest in doing so.
These rights may be limited in some situations such as where Merbridge can demonstrate that Merbridge has a legal requirement or legitimate interest to process your personal data.
If you would like to exercise your rights, please contact us emailing firstname.lastname@example.org or by writing to the DPO at the address indicated in the Data Protection Officer section above.
Complaint with a supervisory authority. If you consider that the processing of your personal data infringes the GDPR, you have a right to lodge a complaint with a supervisory authority in the country where you live, or work, or where you consider that data protection rules have been breached.
Your rights under Merbridge Binding Corporate Rules. You may have additional rights under our BCRs. For instance, as a third-party beneficiary, where you believe your personal data has been transferred to an Merbridge company located outside the EU and processed by that company in breach of the BCR, you may have a right to:
Lodge a complaint with the EU Merbridge company which transferred your personal data outside the EU;
Lodge a complaint with a supervisory authority located in the same country as the EU Merbridge company which transferred your data outside the EU;
Bring a court action against the EU Merbridge company which transferred your personal data outside the EU.
If Merbridge processes your personal data on behalf of an Merbridge customer, then we will, in the first instance, refer your complaint to our customer to handle.
10. How to contact us
We value your opinions. If you have any questions about our Privacy Statement, any concerns or complaint regarding our collection and use of your personal data or wish to report a possible breach of your privacy, please contact Merbridge by write to us at the appropriate address below. We will treat your requests and complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to address your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
11. Changes to this Privacy Statement
If we modify this Privacy Statement, we will publish a revised version with an updated revision date. The privacy link on the footer of every Merbridge web page will then point to that new version.